Law Outlines Oklahoma Bar Bundle Outlines
I entirely handwrote my notes for each subject of the bar exam and then used my notes to create my outlines for each subject. I passed the exam in 2012 on the first attempt. ...
The following is a more accessible plain text extract of the PDF sample above, taken from our Oklahoma Bar Bundle Outlines. Due to the challenges of extracting text from PDFs, it will have odd formatting:
Civil Procedure
SUBJECT MATTER JURISDICTION
State Courts
State courts have GENERAL smj and may hear all causes of action UNLESS there is express statutory authority denying them smj
District Court is the court of general smj in OK
So have authority to hear almost any type of case
OK District Courts have CONCURRENT (shared) smj w/ fed courts unless those are committed only to fed
BK, Patents, Fed Securities violations
Federal Courts
Federal Courts are courts of LIMITED smj and may ONLY HEAR & DECIDE CASES W/IN SCOPE OF THE COURT'S LIMITED SMJ
Diveristy of Citizenship
Complete Diversity between Plaintiff & All Defendants
No diversity jurisdiction is ANY plaintiff is citizen of same state as ANY defendant
Citizenship of Individudal
Domicile at Filing
Physical presence
Intent to make permanent home or home for foreseeable future
Citizenship of Businesses
Incorporated Businesses
Dual Citizenship (so must take account of both in deciding diversity)
Citizen of all states where incorporated
Citizen of state where have principal place of business
OK: Corporate Headquarters
Unincorp Entities (Partnership)
Citizenship of ALL members "count" for diversity purposes
Minor, decedent, incompetent citizenship counts not personal rep
Amount in Controversy
Must EXCEED $75K, exclusive of cost & interest
Legal Certainty test
Whatever P claims in good faith unless clear to legal certainty cant recover
Ie. Contract claim for punitive damages where give aic
Wont work cause no punitive damages allowed
Federal Question
Arising Under Federal Law
Complaint must show Right or Interest CREATED by or FOUNDED substantially on fed law.
If fed law just provides the standard of care or conduct, is not enough
Most fed questions not exclusive to fed court so can be brought in either court (concurrent smj)
Supplemental Jurisdiction
Allow fed court to exercise jurisdiction over claims that don't have independent fed smj basis so long as a proper jurisdictional anchor
Supp jurisdiction controls joinder of claims by parties OTHER THAN Plaintiff in diversity cases
Supp claim must arise from same T or O as underlying claim
Removal
Generally
ONLY ALLOWED BY DEFENDANTS
Proper Removal
Can only remove to federal district court where the case could have been filed there originally by plaintiff
Where SMJ proper
D MUST file Notice of Removal w/in 30 days of being served w/ service of process (summons & petition)
If no answer filed in state court suit, answer due 21 days after served w/ summons or 7 days after file notice of removal (longest wins)
Limits on Removal
Diversity
Even if complete diversity, no removal allowed if any defendant is a citizen of the forum state.
Unless have independent Fed Question basis
Even if diversity issue resolved by dismiss citizen defendant, no removal after 1 year from filing in state court
ALL DEFENDANTS MUST AGREE TO REMOVE
PERSONAL JURISDICTION
Exercise of Territorial Jurisdiction
Territorial jurisdiction involves the power of the court over a specific defendant or item of property. SMJ involves courts power over a type of case. In order to issue a proper and binding judgment, a court must have both territorial and subject matter jurisdiction.
OK expressly authorizes its courts to exercise jurisdiction on any ground consistent w/ Constitution
In Personam Jurisdiction
In personam jurisdiction exists when the forum has power over the person of a particular defendant and can be established in various manners:
Easy Cases
D is present in state when served w/ process
D is domiciled in state
D consents to jurisdiction
D waives an objection to jurisdiction
Activities (minimum contacts)
In State Activities & Specific Jurisdiction
Court has personal jurisdiction over a defendant whose in-state activities gave rise to the claim asserted by the Plaintiff
Driving in state
Out of State Activities & Specific Jurisdiction
Court has personal jurisdiction over defendant who knows or can anticipate her activities could give rise to a claim in the forum, it was foreseeable
Purposefully directing your activities to Ok and those activities then give rise to a claim
Unrelated Activites & General Jurisdiction
If conduct or business is continuous and systematic w/in the state then the court may exercise general jurisdiction in a case involving suit on claims that do not arise from the contacts.
Treat outsider as if an insiders cause of the amount of the activities generally going on in state
In Rem Jurisdiction
Allows a court to adjudicate the rights of all persons WITH RESPECT TO property located in the state.
VENUE
Federal Venue
Federal venue is determined on a district by district basis
Case may be filed in any federal district court within a state where:
Any defendant resides IF all defendants reside in the SAME state
Or
Where a substantial part of the transaction or occurrence giving rise to the claim took place
OK has 3 Federal Districts
Northern in Tulsa
Eastern in Muskogee
Western in OKC
Oklahoma Venue
Oklahoma provides that its venue statutes are cumulative and are determined on a county by county basis
General Rule: START HERE
A suit may be brought in any county in OK where
Any defendant resides or resided at the time the claim arose
Or
Where any defendant may be served w/ process
Special Venue: Type of Case
Automobile Accident:
Venue in automobile accident cases may also be brought in any county:
Where ANY defendant may be served
Or
Where the damages were sustained
Contract Cases:
Venue in cases brought on an open account, a contract for sale of goods or services, or...
Buy the full version of these notes or essay plans and more in our Oklahoma Bar Bundle Outlines.
I entirely handwrote my notes for each subject of the bar exam and then used my notes to create my outlines for each subject. I passed the exam in 2012 on the first attempt. ...
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